executives – Page 46 – SafetyAtWorkBlog

Safety culture change through a regulatory-based market mechanism

In late August 2012 at a breakfast seminar, the Director of Construction Code Compliance, Nigel Hadgkiss outlined the 1999 Victorian Code of Practice for the Building and Construction Industry, which complements a 1997 National Code, and recently released implementation guidelines being imposed on many Victorian construction companies by the Liberal Government. The Code and implementation guidelines are ostensibly about industrial relations or, as Australia is increasingly calling them, workplace relations but do contain some interesting safety elements.

An intriguing element of the Code and guidelines is the introduction of a workplace culture through contract obligations and how this may affect workplace safety.

Hadgkiss stated, according to a copy of his presentation, that

“Where a party tenders for public work called for after 1 July 2012, the party is required to comply on any subsequent privately funded work.”

This quote means that any company that applies for a Victorian Government contract, of specific costs and other criteria, must comply with the Code. Any client is entitled to impose their own contractual conditions. The obligation that “the party is required to comply on any subsequent privately funded work” means that even if the contractor or party fails to win the contract it tendered for its management of any subsequent project, even one from non-government funding, must also comply with the Code.

One of the four priority elements of the Code is occupational health and safety, so OHS requirements will spread from principal contractor, or tenderer, to contractor, sub-contractors and sub-sub-contractors like a virus or an “ITI”, an industry-transmitted infection. Continue reading “Safety culture change through a regulatory-based market mechanism”

Principled pragmatism – Human Rights included in OHS Due Diligence

On 16 August 2012, Australia’s Workplace Relations Minister, Bill Shorten, said in Parliament, in relation to new asbestos management initiatives, that”

“On 14 March this year, in my first ministerial statement on workplace health and safety in this place, I said that every Australian who goes to work should return home safely. I know both sides of the House endorse this universal human right and today I reaffirm our commitment to this principle…” (page 13, Hansard. emphasis added)

It is very common to hear safety professionals and company executives echo the statement that workers should return home in an uninjured state. But few would be aware or, perhaps, agree that this is a human rights statement.

Following an earlier blog post, one reader has pointed us to the United Nations Guiding Principles for Business and Human Rights that were released in 2011. According to the author, John Ruggie, these principles:

“… highlight what steps States should take to foster business respect for human rights; provide a blueprint for companies to know and show that they respect human rights, and reduce the risk of causing or contributing to human rights harm; and constitute a set of benchmarks for stakeholders to assess business respect for human rights. Continue reading “Principled pragmatism – Human Rights included in OHS Due Diligence”

Where do workers and managers learn about respect?

The origins of workplace bullying behaviour seem many. One of the issues to, hopefully, emerge from Australia’s inquiry into workplace bullying is how to prevent and minimise bullying, but to do so, one will need to identify the causes. And these causes need to be more than an amorphous, unhelpful concept like “workplace culture”.

David Yamadamake this comment in his blog, “Minding the Workplace“, about a recent article in a New York Times blog (gosh, social media feeds social media. What’s a newspaper, Daddy?):

“Doctors and lawyers in training may have no idea how to conduct themselves as practitioners, other than being influenced by a lot of unfortunate “role models” on television. If we want to prevent workplace bullying, the training schools for these professions are the first and perhaps best places to start.”

This point links thematically to several recent SafetyAtWorkBlog articles about defining a safety profession, moving from a practice to a profession, workplace culture and workplace bullying. Continue reading “Where do workers and managers learn about respect?”

New book on OHS laws challenges current understandings of workplace safety

With the change of political heart from some of Australia’s state governments over the harmonisation of occupational health and safety laws, many academic and legal publishers revised their book plans as the national market was less national. However, some continued to publish understanding that although OHS harmonisation had a political deadline of 1 January 2012, refinement of the laws would continue for several years.

Federation Press has released a new book by prominent labour lawyer, Michael Tooma, and academic, Richard Johnstone, called “Work Health & Safety Regulation in Australia – The Model Act“. The title states an immediate limitation that other publishers squibbed at. The book is based on the Model Work Health and Safety Act and not, necessarily, the versions of the Act implemented at State level. Production timelines are responsible for this but it makes it even more important to follow the writings and research of Johnstone and Tooma to understand developments.

The Social Context of Safety

The authors reiterate an important element of the WHS Act in their introduction:

“[the laws] are no longer workplace or occupationally based, nor predicated on the employment relationship; rather the laws protect persons involved in ‘work’ in a business or undertaking, and, in addition, protect ‘others’ whose health and safety is affected by work. Consequently the scope of the Model Act is limited only by the imagination of those entrusted to interpret them and to enforce them.” (page 3)

This paragraph summarises well the elements of the laws that are causing so much fear in the Australian business community. Continue reading “New book on OHS laws challenges current understandings of workplace safety”

Workplace bullying inquiry followed the script, mostly

The Melbourne public hearing in support of the Parliamentary Inquiry into Workplace Bullying has concluded after over an hour of personal impact statements that were confronting, saddening but, overall, defiant.

The hearing began more sedately and predictable. The employers’ association, ACCI, says that workplace bullying is a broad social issue that needs broad social control measure. In rough translation, “it’s not our problem”. The employers also see everything in terms of industrial relations so prevention of harm rarely features in recommendations.

The ACTU stressed that workplace bullying IS a workplace issue and therefore should be principally “managed” under occupational health and safety laws. Continue reading “Workplace bullying inquiry followed the script, mostly”

Unanswered questions on Safety Institute activities

Earlier this year, the Safety Institute of Australia (SIA) launched its OHS Body of Knowledge (BoK) project, an excellent collection of workplace safety information and research but one that has had restrictions imposed on it that seem contrary to its purpose.

SafetyAtWorkBlog has communicated repeatedly to the SIA about the BoK project and the, seemingly, related operation of the Australian OHS Education Accreditation Board (AOHSEAB) but, although the communications have been acknowledged, no responses have been received. Some of the questions go to the heart of the meaning of an OHS profession and body of knowledge but also to the relationships of various organisations under, or connected to, the SIA such as the Health and Safety Professionals Association (HaSPA) and AOHSEAB.

OHS Body of Knowledge

BoK contains over 30 articles about most of the major workplace safety issues of modern times. These have been produced by some of the most prominent OHS researchers in Australia. But it can only be read on a computer screen and the PDF files have a security level that forbids any cutting and pasting. Why would this important safety information be any different to guidance and data that OHS regulators provide for fair use? The SIA has never provided a reason for this peculiar approach to spreading OHS knowledge.

The SIA professes the organisation to be about the following:

“We are committed to creating a profession that can deliver the highest standards of OHS and we do this through the engagement of our individual members, corporate and strategic partners, governing bodies and key profession stakeholders.

Through the SIA, individuals have access to qualified timely advice into public policy and regulation, research and development to advance OHS knowledge and guidance. We have developed a body of knowledge to set health and safety standards, procedures and practices to be adopted on a national basis across the profession.”

SafetyAtWorkBlog posed the following questions to the appropriate contact person, Pam Pryor, Registrar, of the Australian OHS Education Accreditation Board in early May 2012. The AOHSEAB issued its first ever newsletter on 5 July 2012. (Hyperlinks have been added) Continue reading “Unanswered questions on Safety Institute activities”

Lessons for everyone in the legal action against France Telecom executives over suicides

In 2009-10, SafetyAtWorkBlog followed the unfolding and tragic story of the spate of suicides at France Telecome that were directly related to the change of work practices and organisational policies instigated after privatisation. SafetyAtWorkBlog stated that the suicides could be considered to be a case study of poor personnel management and, in more recent parlance, a failure of safety leadership. This month French authorities have begun investigating France Telecom executives.

According to an AFP report in early July 2012:

“Louis-Pierre Wenes was placed under investigation on Thursday, a day after former France Telecom chief Didier Lombard, for workplace harassment, his lawyer Frederique Beaulieu said.”

At the time of the suicides Wenes was Deputy CEO and Lombard was CEO.

Interestingly and curiously, workplace bullying is not a term used in the France Telecome situation, although it may have met the criteria that Australia applies. Continue reading “Lessons for everyone in the legal action against France Telecom executives over suicides”

Category: executives

Safety culture change through a regulatory-based market mechanism

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Principled pragmatism – Human Rights included in OHS Due Diligence

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Where do workers and managers learn about respect?

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New book on OHS laws challenges current understandings of workplace safety

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Workplace bullying inquiry followed the script, mostly

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Unanswered questions on Safety Institute activities

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Lessons for everyone in the legal action against France Telecom executives over suicides

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